2011 ORS § 813.100¹
Implied consent to breath or blood test
  • confiscation of license upon refusal or failure of test

(1) Any person who operates a motor vehicle upon premises open to the public or the highways of this state shall be deemed to have given consent, subject to the implied consent law, to a chemical test of the persons breath, or of the persons blood if the person is receiving medical care in a health care facility immediately after a motor vehicle accident, for the purpose of determining the alcoholic content of the persons blood if the person is arrested for driving a motor vehicle while under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) or of a municipal ordinance. A test shall be administered upon the request of a police officer having reasonable grounds to believe the person arrested to have been driving while under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) or of a municipal ordinance. Before the test is administered the person requested to take the test shall be informed of consequences and rights as described under ORS 813.130 (Rights of and consequences for person asked to take test).

(2) No chemical test of the persons breath or blood shall be given, under subsection (1) of this section, to a person under arrest for driving a motor vehicle while under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) or of a municipal ordinance, if the person refuses the request of a police officer to submit to the chemical test after the person has been informed of consequences and rights as described under ORS 813.130 (Rights of and consequences for person asked to take test).

(3) If a person refuses to take a test under this section or if a breath test under this section discloses that the person, at the time of the test, had a level of alcohol in the persons blood that constitutes being under the influence of intoxicating liquor under ORS 813.300 (Use of blood alcohol percentage as evidence), the persons driving privileges are subject to suspension under ORS 813.410 (Suspension upon receipt of police report on implied consent test) and the police officer shall do all of the following:

(a) Immediately take custody of any driver license or permit issued by this state to the person to grant driving privileges.

(b) Provide the person with a written notice of intent to suspend, on forms prepared and provided by the Department of Transportation. The written notice shall inform the person of consequences and rights as described under ORS 813.130 (Rights of and consequences for person asked to take test).

(c) If the person qualifies under ORS 813.110 (Temporary permit upon confiscation of license), issue to the person, on behalf of the department, a temporary driving permit described under ORS 813.110 (Temporary permit upon confiscation of license).

(d) Within a period of time required by the department by rule, report action taken under this section to the department and prepare and cause to be delivered to the department a report as described in ORS 813.120 (Police report to department), along with the confiscated license or permit and a copy of the notice of intent to suspend.

(4) If a blood test under this section discloses that the person, at the time of the test, had a level of alcohol in the persons blood that constitutes being under the influence of intoxicating liquor under ORS 813.300 (Use of blood alcohol percentage as evidence), the persons driving privileges are subject to suspension under ORS 813.410 (Suspension upon receipt of police report on implied consent test) and the police officer shall report to the department within 45 days of the date of arrest that the person failed the blood test. [1983 c.338 §591; 1985 c.16 §298; 1985 c.672 §19; 1993 c.305 §1; 1995 c.568 §1]